Florida § 736.1512 Unenforceable trusts

Florida Statutes

§ 736.1512 — Unenforceable trusts

Florida § 736.1512

TitleXLII

Ch. 736FLORIDA TRUST CODE

This text of Florida § 736.1512 (Unenforceable trusts) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fla. Stat. § 736.1512 (2026).

Text

(1)A community property trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that:

(a)The trust was unconscionable when made;

(b)The spouse against whom enforcement is sought did not execute the community property trust agreement voluntarily;

(c)The community property trust agreement was the product of fraud, duress, coercion, or overreaching; or (d) Before execution of the community property trust agreement, the spouse against whom enforcement is sought: 1. Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse. 2. Did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure pro

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(1) A community property trust executed during marriage is not enforceable if the spouse against whom enforcement is sought proves that: (a) The trust was unconscionable when made; (b) The spouse against whom enforcement is sought did not execute the community property trust agreement voluntarily; (c) The community property trust agreement was the product of fraud, duress, coercion, or overreaching; or (d) Before execution of the community property trust agreement, the spouse against whom enforcement is sought: 1. Was not given a fair and reasonable disclosure of the property and financial obligations of the other spouse. 2. Did not voluntarily sign a written waiver expressly waiving right to disclosure of the property and financial obligations of the other spouse beyond the disclosure provided. 3. Did not have notice of the property or financial obligations of the other spouse.

(2) Whether a community property trust is unconscionable shall be determined by a court as a matter of law.

(3) A community property trust may not be deemed unenforceable solely on the fact that the settlor spouses did not have separate legal representation when executing the community property trust agreement.